My ex husband never paid child support. We got arrears and he sued to stop it. He has three lawyers and we cannot afford one. So on our own we responded and waited for a court date. We never got one then were told today that it was yesterday so he won due to us being a no show. We tried telling... Read more »
answered on May 16, 2023
Your best recourse at this point is to file a Motion for New Trial. You have 30 calendar days from the date of the court hearing to file your motion. Once you file your Motion for New Trial, you should contact the Court Coordinator to request a new court date. You will have to provide your... Read more »
Through my bank for the past year to support my son. We are on great terms and communicate everything very well. I am concerned that the Texas laws won't allow me to do this over time and I wanna be sure I'm doing the right thing. She is in a serious relationship who is paying most of the... Read more »
answered on May 12, 2023
If you don't currently have a Texas court order regarding child support, you can continue to do what you are doing (i.e. paying through your bank account) for however long you guys want to do it. The State of Texas doesn't have any say in the matter.
However, if there is a Texas... Read more »
My child is 15. Me & his father were never married and have nothing legal in place. It has always been verbal agreement. I would like to have child support go through the AG but I fear it will appear as I am refusing visitation. But I am not. Dad gives his time up and our child now no longer... Read more »
answered on May 3, 2023
You have the right to contact the AG's Child Support Division to establish and enforce child support orders. By doing so, you can initiate the process of obtaining child support from the child's father.
It is important to note that each case is unique, and outcomes can vary based... Read more »
I have a 50/50 custody agreement and I am trying to get a modification but my ex closed the case with the Attorney Generals office. I don't know which application to fill out to get it back to a full service case.
answered on May 3, 2023
Contact the Texas Attorney General's Office: Reach out to the Texas Attorney General's Office or the local child support office handling your case to discuss your situation. You can explain that you want to convert your registry-only case into a full-service case and ask for guidance on... Read more »
My ex disappeared nearly 5 years ago. No child support dropped insurance . I recently found out he is in prison for a crime against children. I want to know my options for termination of rights or gaining 100% custody. I want to protect my kids . I have no idea if when he is getting out but want to... Read more »
answered on Apr 27, 2023
In Texas, one of the grounds for which a parent's parental rights can be terminated is if that parent has been convicted or placed on community supervision (probation) for being responsible for the death or serious injury to a child under certain sections of the Texas Penal Code or a similar... Read more »
answered on Apr 21, 2023
Under Texas law, as long as you have legal and physical custody of your minor child and there is no court order to the contrary, you may give a power of attorney (POA) to a grandparent to act on your behalf regarding your child. However, if there is a court order that grants the non-custodial... Read more »
I'm paying for my rent and all expenses so I want to know if filling a child support order is okay when we are not divorced
answered on Apr 20, 2023
Yes, you can file what is called an Original Petition in Suit Affecting Parent-Child Relationship. In Texas, this motion will establish which parent will be the primary parent (i.e., who your child will primarily reside with), and what type of visitation the non-primary parent will have with the... Read more »
My child father been in and out of jail his whole life he is 12 now he got out July 2022 he now sent me a modification for him to get custody of my son say my son is not being raised right what should I do and how do I respond
answered on Apr 5, 2023
It would be very advantageous for you to obtain an attorney to represent you in a custody dispute. There are responsive documents that need to be filed with the Court on your behalf and deadlines that have to be met, or your case could be negatively impacted.
At the very least, you should... Read more »
answered on Apr 4, 2023
A judgment nunc pro tunc is commonly used to correct an erroneous date in a judgment like a divorce decree. The question is whether the error is a clerical error or a judicial error. A judgment nunc pro tunc can be properly used to correct a clerical error, but not a judicial error.
The... Read more »
One isn't will the irs refund all go to me or will he get some back due to him claiming another child that isnt mine. Best part is he wants me to give him back money even though he would get the credit as if he paid it .
answered on Mar 24, 2023
Any federal income tax return that Father is to receive will be offset against any child support arrears that are owed by Father.
In your situation, it doesn't matter that Father is claiming a child that is not yours on his taxes. If he is to receive a refund, the entire refund will... Read more »
answered on Mar 24, 2023
To get your kids back, you should hire a board-certified family lawyer in or near the county where the court is located.
If CPS is in any way involved in your case, you need to find out how much experience the lawyer has had with CPS cases in the recent past, as many family lawyers do not... Read more »
I have a signed final divorce with kids 9/22 in Texas.My ex was in default but filed a form contesting the ruling. I am the pro se petitioner but I found out today and I was never served. Court was in December and 3/7. I have a dismissal of hearing for 3/27 and Motion 5/9
answered on Mar 22, 2023
You should have an experienced attorney carefully review your court file.
If a final decree was signed 9/22 and no order has been entered setting it aside or granting a new trial, the trial court likely has lost plenary power to do so.
If you weren’t served with your ex’s... Read more »
I can't afford lawyer now but everything was already agreed by both parties just waiting on judge to sign. Do I need to hire lawyer again to get a judge to sign??
answered on Feb 6, 2023
You may need to schedule a prove up hearing to present the necessary evidence for the judge to sign your proposed final decree of divorce.
You should contact court staff to see when your judge holds her prove ups and whether you need an appointment or can just appear with your necessary paperwork
The court ordered me to file for child support even after I told them he would hurt me if I did.
answered on Jan 25, 2023
It is common, as a condition of probation, that you would be ordered to support your children. As long as you are able to do so without government assistance or child support from the other parent, it is arguable that ordering you to file for child support exceeds the power of the court.... Read more »
I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.
So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.... Read more »
answered on Jan 11, 2023
I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.
- ANSWER: Enforce this judgment.
So he setup a company with his wife as registered agent and owner of the company. His wife is... Read more »
My boyfriend proposed and i moved in with him to a home that was given to him by his parents. There is about 100 thousand equity in the house. We have been together 9 years and have 2 children ages 6 and 3 We have both worked and shared expenses 50/50. I have an engagement ring but we never... Read more »
answered on Jan 7, 2023
Since you indicate you were never married, you were his roommate and not his wife.
Now, as the mother of his children, you may be entitled to child support. Or, conversely, you may be ordered to pay child support to him.
You should hire a family law attorney near you to file an... Read more »
answered on Dec 30, 2022
Trust funds are generally not safe from child support or alimony. This is true even if they are spendthrift trusts. You might review the article “Are Trust Funds Safe From Claims For Alimony or Child Support?” Trusts & Estates (April 2013).
answered on Dec 26, 2022
If you are the genetic father of the child, this likely will not work unless the genetic mother is deceased or also agrees to put the child up for adoption.
If the genetic mother of the child is married to someone else and he wants to adopt the child (called a stepparent adoption), it... Read more »
answered on Dec 8, 2022
No. Your settlement will preclude you from relitigating your divorce against your former spouse.
Your legal remedy is a legal malpractice case against your former attorney. You will need to show that your former attorney’s conduct did not meet the standard of care for attorneys... Read more »
My child isnt in school yet. shes only 4. The father is trying to get her half of christmas break because the custody papers say when shes in school he gets her half but she isnt in school yet. its standard christmas break for parenting time. It says the father gets her from the first day of... Read more »
answered on Dec 4, 2022
Sec. 153.3101. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district... Read more »
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